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ISSUE APRIL 14, 2003
STATES: DELHI
Busting the Plot
The arrest of top DDA officials on charges of
corruption is the latest chapter in the saga of the empire of patronage
the civic body runs
By Sayantan Chakravarty
In
many ways, Delhi's property market is an accurate reflection of the city's
character-bustling, mercenary, unpredictable and flagrantly violative
of the law. Perched close to the top of the local power edifice is the
Delhi Development Authority (DDA). It is, simply, the world's largest
realtor, controlling 60,000 acres of some of Earth's most expensive real
estate and representing an enormous empire of patronage.
As vice-chairman of DDA, Subhash Sharma, 57, was among the most influential
officials in India's capital. After 33 years in ias and a carefully cultivated
image of "cleanliness", he was at the pinnacle of his career.
ARRESTED
UNITED WE FALL: Vast discretionary powers of
land allotment mean that senior DDA officials can favour whom they
want, at a price they want. Sharan (top) and Sharma (middle) let the
IAS fraternity down, while Kapoor (below) got arrested a second time.
On March 26, all that changed. At 1.30 p.m., Sharma left his office at
DDA's headquarters in central Delhi-never to return. Later that afternoon,
a team from the Central Bureau of Investigation (CBI) arrived. It sealed
and searched Sharma's office, then turned its attention to his house.
By evening he had been charged with accepting a bribe. On April 3, he
was arrested. Said CBI Special Director U.S. Mishra: "The arrest
followed Sharma's detailed interrogation and verification of certain facts
that had come up during investigations."
Sharma wasn't alone in the dock. Keeping him company was Anand Mohan
Sharan, 37, a 1990 batch IAS officer and till March 26 DDA's commissioner
(land). His post-a previous incumbent, R.S. Sethi, had also been investigated
by the CBI after the Central Vigilance Commission recommended a huge penalty
against him in October 1996-is a potential goldmine for a corrupt officer.
The commissioner (land) is responsible for selling land, sometimes at
discounted rates, for institutional, residential and commercial purposes.
As commissioner (land), Sharan's ability to dole out favours was almost
unquantifiable.The cbi found Rs 36 lakh in cash at his house. The collective
seizure from the homes of Vijay Risbud, DDA's commissioner (planning),
and Jagdish Chandra, director (land), was Rs 4 lakh. Found hidden in Chandra's
Toyota Qualis was another Rs 4 lakh.
While Sharma and Sharan lost their jobs, so did P.M. Singh, chairperson
of the New Delhi Municipal Council (NDMC), caretaker, as it were, of the
43 sq km city that Lutyens built. In November 2002, Singh had succeeded
Sharma as NDMC chief. The two are said to be "very close".
One piece of the jigsaw was still missing. Depending on whom you want
to believe, Dharamvir Khattar is either Sharma's best buddy or principal
tout. He is also the man Sharma, as NDMC chairman, bent the rules for,
allowing him to build a banquet hall in Chanakyapuri, one of Delhi's best
addresses. Khattar is absconding but is, really, the key to the scandal.
In essence, the CBI says, Khattar was liaising between senior DDA officials
and construction syndicates. After the March 26 crackdown, CBI registered
two cases, both of which had Khattar in a leading role.
The first scandal involved DDA and DLF Universal, one of Delhi's oldest
building companies. DLF owned plot E1 in Jhandewalan, central Delhi, and
sought to double the permitted floor area ratio (far) to 300. This meant,
it could double the number of floors on the plot, or double the built-up
area. According to conservative estimates by DDA officials, it would have
resulted in a windfall of at least Rs 20 crore to DLF. In return, CBI
says, DLF executives agreed to pay a Rs 1.1 crore bribe, with Rs 50 lakh
to go to Sharma as an advance. Khattar was to be the conduit. DLF has
denied the charges.
DDA'S MURKY PLOT
The CBI arrested only three of the five DDA officials raided. Two
were allowed to resume office. They'll be under fresh surveillance.
The key to unearthing the murky saga is the absconding land tout
Khattar. He knows top bureaucrats.
Recovered from the officials was Rs 44 lakh in cash, two vehicles,
locker keys and bottles of liquor.
The arrests led to the resignation of Delhi High
Court judge Shamith Mukherjee. Files from his court were found in
Khattar's office.
CBI officers say they overheard Khattar telling a DLF interlocutor on
the telephone, "Paise jaldi pahuncha do (Deliver the money quickly)."
The money turned up on March 10. On March 17, Sharma signed the relevant
DLF file, put before him by Sharma and Risbud.
The second case involved Sharma, Chandra and Khattar as well as one
Ashok Kapoor, a suspended DDA official who now functions as a full-time
"facilitator". At stake was land that had been allotted to the
north Delhi-based Modern Public Education Society (MPES). Four acres had
remained unused by MPES. As per the rules, DDA cancelled the lease. Kapoor
spoke to Khattar on behalf of the school's owners. It was agreed that
the cancellation order would be revoked for a "service fee"
of Rs 3 lakh.
On March 1, the CBI watched as Kapoor delivered the revocation order
and collected Rs 2.5 lakh in cash from Amritlal Kapoor, a member of the
MPES management. By then, plans for the March 26 raid had been sewn up.
The Sharma affair shook the higher judiciary as well. A day after the
raids, Shamith Mukherjee, a Delhi High Court judge, resigned. He told
the press he had done so because his wife was unwell. The CBI had another
version. In Khattar's office, it found court papers relating to property
cases Mukherjee was hearing. A link was immediately made. The Union home
secretary and the chief justice of the Delhi High Court were duly informed.
Soon after, Mukherjee put in his papers.
Since nothing in Delhi is autonomous of politics, there are some who
wonder if Sharma is paying not for his corruption but for his proximity
to Madan Lal Khurana, the state BJP unit president. When he became Delhi's
chief minister in December 1993, the first file Khurana signed pertained
to the appointment of Sharma municipal commissioner. Later Khurana is
said to have lobbied hard with Urban Development Minister Ananth Kumar
and Delhi Lt-Governor Vijai Kapoor, ex officio chairman of the DDA, to
get Sharma his most recent job. Khurana, however, denies having known
Sharma at the time he became chief minister. "He was appointed at
the behest of the then lieutenant-governor," he says. "But yes,
he had a reasonably good reputation. I am shocked by his arrest. You cannot
trust anyone these days."
Amid personalities and politics, it is easy to lose perspective. The
larger point is: should the DDA, a relic of the socialist raj, be allowed
to perpetuate scandal? Since 1957 it has had a monopoly on the development
and sale of all realty projects in India's capital.
Today, apart from providing substandard homes to a million families,
it controls 5,100 acres of green land, is landlord to 12,000 industrial
units, 500 shopping malls, 24 community centres-some which include cinemas
and hotels-and has the discretionary power to allot land to a whole host
of categories, from businessmen to institutions.
In October 2001, Prime Minister Atal Bihari Vajpayee had complained
of the DDA's "rampant corruption". K.J. Alphons, a former DDA
commissioner (land), says, "By the very nature of the DDA's mandate,
there is bound to be corruption. A commissioner of land has unlimited
powers." So, should the DDA exist at all?
Sharma and Sharan are behind bars. Risbud and Chandra, the magic men,
are still in office, explaining the nuances of Delhi's master plan to
their new vice-chairman, Suman Swarup. On the streets of Delhi, the DDA
is still loose-and dangerous.